Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #83

[Mimi in London]

I was up so late reading AA and woke up sick today!
Although the AA only had little details (as opposed to “smoking gun”) I am just at a loss to see how anyone COULD give him the benefit of the doubt. I’m truly offended by the notion.

All of the calculation, all of the moving around and preparations he took, and no doubt the months and months of absorbing forensic studies and processing the best way to leave ZERO traces (he told them over and over there would be nothing? He was so confident)

I was blown away by a couple things- his comfort in his sexism is deplorable.. the way he views women and their sexual/familial/financial obligation was absolutely mortifying to read, the fact he uttered these aloud to the agents was shocking!

But also- he’s so stupid! I had no idea he was as dumb as he is- the way he speaks in circles and contradictions and hypocrisy kept me laughing (through the sadness of course) but I was floored to see just how basic and unintelligible his thoughts are. His constant attempts at deflection and manipulation were so easy to see right through.

I really hope prosecution gets extra help! They have enough for a conviction, but only if they get someone who can contend with his bull-headed defense team.

Moo!

Barry Morphew can’t string a sentence together. It’s remarkable.

Though I suppose sentences are redundant when you communicate by grabbing women’s and girls’ breasts and backsides.

 

[Momofthreeboys]

Thanks, @Cindizzi -- that did not take long. Less than 24 hours to get permission to leave the County!

He has to get permission to do everything, but this is not unexpected. I suppose if he picks up a job outside Chaffee County he will get permission to do that. They aren't going to let him go off on vacations but things related to work or things related to his case are probably going to be permissible. It will cost alot less to go to Denver for him than to pay for travel time for the lawyers...and easier for them too.

 

[Momofthreeboys]

Is it possible that Barry’s stupidity is a strategy as way to confuse and obsfucate? Is it possible for someone to be as dumb as Barry, looks, speaks and sounds? He seems so idiotic that he appears to be like a fictional invention.

That thought has passed my mind. What we're left with is law enforcement who document everything in a very black and white methodical manner and that is what you are left with so without "knowing" Barry you can't really get a sense of how he thinks because you can't tell if he's telling the truth or trying to pull the wool over your eyes...it's just the words on paper.

 

[Skigh]

He has to get permission to do everything, but this is not unexpected. I suppose if he picks up a job outside Chaffee County he will get permission to do that. They aren't going to let him go off on vacations but things related to work or things related to his case are probably going to be permissible. It will cost alot less to go to Denver for him than to pay for travel time for the lawyers...and easier for them too.

Why does he need to travel to see his lawyers? He could speak to them via zoom or something similar.

 

[10ofRods]

And the jury instructions: (Colorado Judicial Branch - Supreme Court - Committees - Model Criminal Jury Instructions Committee) as there was some discussion around the nuances of what constitutes the bar with regard to beyond reasonable doubt. Although the word reasonable in and of itself is going to have different tolerances for one person to another which is where the complexity enters and probably why the word "beyond" is used preceeding the words reasonable doubt.


After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of murder in the first degree (after deliberation).

After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of murder in the first degree (after deliberation).


I really like your posts and I always have to stop and think which is a good thing. But I think the problem will be that people can say over and over what constitutes domestic violence or harassment but each person on that jury will frame their decision on their beliefs...you just can't get around that. Every relationship is different and every marriage is different. Every spouse is different and the dynamics are such that what works for one couple may not work for a different couple and those experiences come into the jury box like it or not. I would bet money someone will say there was no abuse...just a disintegrating marriage. The one good thing is that anyone who has a workplace job has gone through training year after year recently on what constitutes these sorts of things if not domestic violence for sure harassment, intimidation etc so awareness has increased greatly.

Plus there are plenty of people (perhaps those that get seated) who would be thrilled with a working spouse if they are a SAHM or SAHD who gets handled $400 a week (or so Barry claims). It isn't alot of money in and of itself, but if the spouse isn't paying the bills out of it or paying for their vehicle or other high ticket expense, it is very nice walking around money so I think there is a problem with expressing financial control as DV in this case. Barry also claims (I recall) he told Suzanne he would pay her back the $400,000+ that she inherited and he did pay Gene back and I think it was stated that he paid him back "early". The people he sold business to had a beef, but that I doubt will come in because it verges on character testimony plus "buyer beware". They struck a deal...so being angry about it after the fact isn't criminal and has nothing to do with Suzanne. If anything it does speak to Barry's ability to make money which has never been disputed and "sell it" when he has to.

I think the daughters comments about advising her mom to divorce and get a restraining order is powerful but I'm not thinking prosecution can win the enhancement on the sentences (if Barry is found guilty) and I'm of the opinion that neither of the daughters will be called as witnesses. Especially one that was maybe 16 or 17 when she said that - what does a young woman that age know about restraining orders except what they see on TV or hear through social media and the grapevine. I don't think and I'm of the opinion the prosecution wants to give the defense a chance to cross examine them.

Oh - exactly, I totally agree with all the bolded parts. The part in blue...I almost agree. It really depends on the way the evidence is presented. She told her sister about physical abuse - if that sister takes the stand, it could be quite powerful. If there's one juror that doesn't believe DV is DV unless a woman is in the ER, I think they'll be tossed during voir dire (although sometimes, people conceal themselves - and that could happen). I'm not sure if that second blue statement about money will be "plenty of people" in Salida area, though. Or Chaffee County in general. But at least a few, for sure. I wonder which side will introduce that first. If I were the DA, I wouldn't include Barry's words about paying Suzanne back (why use the words of a lying liar unless they suit your line of argument?) Will the Defense then bring it up? That could backfire on them, too.

I am not sure about the enhancement on the sentence, either. I am preparing myself for that, mentally.

 

[Dre]

Watching Barry and the girls leave, linked arms with huge smiles (thought they’d start skipping any second) broke my heart in half.
JUSTICE FOR SUZANNE!!!

 

[Lyanna]

Watching Barry and the girls leave, linked arms with huge smiles (thought they’d start skipping any second) broke my heart in half.
JUSTICE FOR SUZANNE!!!

Yea, doesn't sit right at all.
Can't imagine how they must feel, how much has BM and his family got into their heads the last 16 months? what lies have been fed to them?

I don't think they would have been 'allowed' to read AA before yesterday, adult or not, I think they would have been stopped somehow.
No stopping them now though, no burning those 129 pages,

All moo

 

[al66pine]

Recordings of Interviews?
Iirc, the only 'recording' notations on AA interviews w BM showed 'audio' & no 'audio-video.'
I may have missed them. Anyone remember seeing a-v notation w BM or other interviewees?
TiA.

 

[Lyanna]

Pg 5 of Affidavit

Last paragraph

Sgt Hysjulien contacted (redacted) who said that she had last talked to Suzanne on the night of May 9th

How? Not on Suzanne's phone it seems?

 

[CGray123]

... Although the word reasonable in and of itself is going to have different tolerances for one person to another which is where the complexity enters and probably why the word "beyond" is used preceeding the words reasonable doubt.

But I think the problem will be that people can say over and over what constitutes domestic violence or harassment but each person on that jury will frame their decision on their beliefs...you just can't get around that. Every relationship is different and every marriage is different. Every spouse is different and the dynamics are such that what works for one couple may not work for a different couple and those experiences come into the jury box like it or not.

BBM. EBM for focus) I wouldn't disagree with the idea that everyone has their personal threshold of the kind of doubt, based on reason and common sense, that would make them hesitate in a matter of importance. But at least they have that framework and the jurors will hold one another to account to follow it according to their oath. It isn't just 12 people winging it, doing their own individual mental gymnastics in an effort to find a doubt and acquit the defendant.

It's important to remember that the jury isn't involved in sentencing, so the DV enhancer is for the judge to determine if BM is convicted. And if he's convicted of First Degree Murder, the enhancer won't matter because the mandatory sentence is LWOP.

 

[clearskies1]

There was one moment in the video where the girl on the left looked EXACTLY like Suzanne, that creeped me out. Are they really that brainwashed/in denial that their dad is innocent? I feel for them as well, i really wonder if the smiles are genuine or they are doing it because that don't want to disappoint barry. Who's idea was it to walk out like that too?

Sometimes you have to fake it until you're old enough to support yourself financially. JMO.

 

[CGray123]

Trust me, I understand the law, WELL. I have never said "beyond any doubt". I have ALWAYS said beyond reasonable doubt. And I still don't know if he will be convicted. While we here all understand what happened, I'm not sure they can PROVE it in a court of law, and that's exactly what's required, proof. It isn't about a smoking gun. It's about the state's burden of PROVING (beyond reasonable doubt) that this is 1st degree murder. You're talking about a life sentence. I'm just not sure a jury will buy it given what's here.

The most consistent result of study after study is that jurors make a conscientious effort to assess the evidence and apply the law, and it is the strength of the evidence that determines the outcome. I intend to re-read the AA with marker pens, highlighting for myself what evidence supports findings of intent, causation, and deliberation. It will take some time, but I'll share my data points whatever they are. I hasten to add that I believe the AA does not contain all the evidence the jury will see.

But I am encouraged by Judge Murphy's summation of the evidence, which highlighted only one weak point: the existence of third party DNA on the dashboard. This can be easily addressed by the prosecution experts in a four-week trial, as many have pointed out.

 

[10ofRods]

Unless Barry himself gave the AA to his daughters (by reading it out loud?), they haven't seen it until we did. Because both prosecution and defense and all court employees were threatened with sanctions if they released it to anyone.

Only Barry got a copy per the order. I'm sure the daughters got lots of hints...but I bet they will never read the whole thing. Heck, I started skimming after a while and missed a lot...

 

[Momofthreeboys]

Why does he need to travel to see his lawyers? He could speak to them via zoom or something similar.

Why not? The point of the ankle bracelet was to keep an eye on him from fleeing - if the judge didn't think he was a flight risk there's a chance the judge would never have required the ankle bracelet...the judge didn't confine him to his home or say he can't travel that we know of. He has to live in Chaffee County and he has to keep probation or whatever body is in charge what's going on and get permission if he needs to leave Chaffee County. It's possible they will let him go over Monarch and visit his daughter. We don't know and it's not our business. Plenty of people with ankle bracelets get permission to do all sorts of things...the point is they have to ask...and it needs to be documented to the monitoring company so it doesn't set off the device.

 

[O.Incandenza]

I think you might be on to something here @StarrDetective.
Regarding BBM above, iirc 5/12/20 is also the day BM was caught going through the trash outside the Poncha Market after hours. Perhaps he wasn’t trying to retrieve something but possibly dumping something in that trash, pushing it down under other trash to conceal it. Did he possibly dump a Burner phone on 5/12/20 in the PM trash?
Hmmm could be, they’re small and would be fairly easy to conceal under other trash.
Gee, BM caught with his hands in the trash on the same day a 2nd device ceases to have associations with BM’s iPhone. Curious indeed.

Speaking of trash, seems to be a fairly common theme in this case, not least of which and dirtiest, nastiest piece of trash of all- BM himself.



IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

I won't pretend to understand exactly what that section of the AA is talking about, but it seems somewhat unlikely to me that it's a burner phone. If Barry got a burner phone in an effort to conceal things from LE, why would he repeatedly be 'associating' it with his normal phone? That would seem to defeat the purpose.

I almost wonder if he had 2 active sim cards though and would swap one in occasionally? That would explain the 2 separate user IDs and how they were 'associated' with his device. And why they refer to one as the 'primary User ID.' I'm not sure why he'd do that though. Are text messages/call logs stored on the sim card itself? If so, then maybe he had an alternate sim card for calls/texts he didn't want Suzanne to see, and he'd just swap it in before making them and remove it when he was done. Then there'd be no record of the calls or texts if SM checked his phone (which he says she did frequently).

 

[clearskies1]

page 89. BBM.

"SA Harris explained that in 2019 Suzanne said Barry "won't hear" talk about divorce. Barry asked to whom she had told that and Agents said it was a friend. SA Harris said she brought up the topic and said Barry "won't even hear it."

Barry said "And I wouldn't. I mean if she said 'Hey we're gonna have a talk about this tonight', which she never did, I would say "I'm not discussin' this cause it's never gonna happen.'"

 

[Gardenista]

Remember that awesome presentation on cell phone evidence in the Frazee case? It was done by Kevin Hoyland of the FBI. Kevin is mentioned in the AA, so I assume we'll have something equally great in this case.

 

[nyvictoria]

I get what you're saying, it's an excellent succinct comment. My mind just can't progress to convicting someone to life+ (156 years) in prison when you have no body, no blood, no cadaverine, no eyewitness, no weapon, no smoking gun, no documented history of DV. Honestly it seems the determination of Suzanne's death was no cell phone pings/hits, after a certain time. We don't know their money story/ cash story, a million could be gone, whos' to say?

There is absolutely evidence of DV. The controlling measures and spying are classic DV and I’m sure her friends and family can testify to that.

 

[O.Incandenza]

I won't pretend to understand exactly what that section of the AA is talking about, but it seems somewhat unlikely to me that it's a burner phone. If Barry got a burner phone in an effort to conceal things from LE, why would he repeatedly be 'associating' it with his normal phone? That would seem to defeat the purpose.

I almost wonder if he had 2 active sim cards though and would swap one in occasionally? That would explain the 2 separate user IDs and how they were 'associated' with his device. And why they refer to one as the 'primary User ID.' I'm not sure why he'd do that though. Are text messages/call logs stored on the sim card itself? If so, then maybe he had an alternate sim card for calls/texts he didn't want Suzanne to see, and he'd just swap it in before making them and remove it when he was done. Then there'd be no record of the calls or texts if SM checked his phone (which he says she did frequently).

Answering my own question: the AA says Barry had an iphone 5S (guess he wasn't much of a phone guy), and text messages/phone logs are not stored on the sim card for iphones, so my theory doesn't make sense either.

 

[Megnut]

Can someone dial us up another look at Barry leaving the courthouse(s)?

Is he wearing MAKE UP?!!!!!